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PUBLIC LAW 94-105—OCT. 7, 1975 89 STAT. 511 Public Law 94-105 94th Congress An Act To amend the National School Lunch Act and the Child Nutrition Act of 1966 in order to extend and revise the special food service program for children and the school breakfast program, and for other purposes related to strengthen- ing the school lunch and child nutrition programs. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975". SCHOOL BREAKFAST PROGRAM SEC. 2. Section 4(a) of the Child Nutrition Act of 1966 (80 Stat. 885, as amended) is amended by striking out "for the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975,". SEC. 3. Section 4 of the Child Nutrition Act of 1966 is amended by adding at the end thereof the following new subsection: "(g) As a national nutrition and health policy, it is the purpose and intent of the! Congress that the school breakfast program be made available in all schools where it is needed to provide adequate nutri- tion for children in attendance. The Secretary is hereby directed, in cooperation with State educational agencies, to carry out a program of information in furtherance of this policy. Within 4 months after the enactment of this subsection, the Secretary shall report to the committees of jurisdiction in the Congress his plans and those of the cooperating State agencies to bring about the needed expansion in the school breakfast program.". Oct. 7, 1975 [H.R. 4222] National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975. 42 use 1751 note. 42 use 1773. Report to Congress. DIRECT FEDERAL EXPENDITURES SEC. 4. Section 6(b) of the National School Lunch Act (60 Stat. 230, as amended) is amended— 42 USC 1755. (a) By striking out "nonprofit private" the first time such term occurs in the proviso of the third sentence and inserting in lieu thereof "any of the". (b) By striking out "nonprofit private" the second time such term occurs in the proviso of the third sentence and inserting in lieu thereof "such". (c) By striking out "nonprofit private" where such term occurs in the fourth sentence. MATCHING SEC. 5. Section 7 of the National School Lunch Act is amended by 42 USC 1756. inserting after the seventh sentence thereof the following new sen- tence: "The requirement in this section that each dollar of Federal assistance be matched by $3 from sources within the State (with adjust- ments for the per capita income of the State) shall not be applicable with respect to the payments made to participating schools under section 4 of this Act for free and reduced price lunches: Provided, 42 USC 1753. That the foregoing provision shall not affect the level of State match- ing required by the sixth sentence of this section.".

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Page 1: Public Law 94-105 94th Congress An Act · PUBLIC LAW 94-105—OCT. 7, 1975 89 STAT. 513 retary shall be served a free lunch. Following the announcement by the Secretary of the income

PUBLIC LAW 94-105—OCT. 7, 1975 89 STAT. 511

Public Law 94-105 94th Congress

An Act

To amend the National School Lunch Act and the Child Nutrition Act of 1966 in order to extend and revise the special food service program for children and the school breakfast program, and for other purposes related to strengthen­ing the school lunch and child nutrition programs.

Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975".

SCHOOL BREAKFAST PROGRAM

SEC. 2. Section 4(a) of the Child Nutrition Act of 1966 (80 Stat. 885, as amended) is amended by striking out "for the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975,".

SEC. 3. Section 4 of the Child Nutrition Act of 1966 is amended by adding at the end thereof the following new subsection:

"(g) As a national nutrition and health policy, it is the purpose and intent of the! Congress that the school breakfast program be made available in all schools where it is needed to provide adequate nutri­tion for children in attendance. The Secretary is hereby directed, in cooperation with State educational agencies, to carry out a program of information in furtherance of this policy. Within 4 months after the enactment of this subsection, the Secretary shall report to the committees of jurisdiction in the Congress his plans and those of the cooperating State agencies to bring about the needed expansion in the school breakfast program.".

Oct. 7, 1975

[H.R. 4222]

National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975. 42 u s e 1751 note. 42 u s e 1773.

Report to Congress.

DIRECT FEDERAL EXPENDITURES

SEC. 4. Section 6(b) of the National School Lunch Act (60 Stat. 230, as amended) is amended— 42 USC 1755.

(a) By striking out "nonprofit private" the first time such term occurs in the proviso of the third sentence and inserting in lieu thereof "any of the".

(b) By striking out "nonprofit private" the second time such term occurs in the proviso of the third sentence and inserting in lieu thereof "such".

(c) By striking out "nonprofit private" where such term occurs in the fourth sentence.

MATCHING

SEC. 5. Section 7 of the National School Lunch Act is amended by 42 USC 1756. inserting after the seventh sentence thereof the following new sen­tence: "The requirement in this section that each dollar of Federal assistance be matched by $3 from sources within the State (with adjust­ments for the per capita income of the State) shall not be applicable with respect to the payments made to participating schools under section 4 of this Act for free and reduced price lunches: Provided, 42 USC 1753. That the foregoing provision shall not affect the level of State match­ing required by the sixth sentence of this section.".

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89 STAT. 512 PUBLIC LAW 94-105—OCT. 7, 1975

INCOME GUIDELINES FOR REDUCED PRICE LUNCHES AND MODIFICATION OF PROGRAM REQUIREMENTS

42 use 1758. S E C 6. Section 9 of the National School Lunch Act is amended as follows:

(a) Subsection (a) is amended by adding at the end thereof the following new sentences: "The Secretarjr shall establish, in cooperation with State educational agencies, administrative procedures, which shall include local educational agencj^ and student participation, designed to diminish waste of foods which are served by schools par­ticipating in the school lunch program under this Act without endangering the nutritional integrity of the lunches served by such schools. Students in senior high schools which participate in the school lunch program under this Act shall not be required to accept offered foods which they do not intend to consume, and any such failure to accept offered foods shall not affect the full charge to the student for a lunch meeting the requirements of this subsection or the amount of payments made under this Act to any such school for such a lunch.".

(b) Subsection (b) is amended— (1) By inserting " (1 )" immediately after the subsection

designation. (2) By striking out in the fifth sentence thereof the following:

", if a school elects to serve reduced-price lunches". (3) By inserting immediately after the fifth sentence thereof

the following new sentence: "Any child who is eligible for a reduced price lunch under income guidelines prescribed for schools in that State under the preceding sentence shall be served a reduced price lunch.".

(4) By adding at the end thereof the following new sentence: "Notwithstanding any other provision of this subsection, begin­ning with the fiscal year ending June 30, 1976, the income guide­lines prescribed by each State educational agency for reduced price lunches for schools in that State under the fifth sentence of this paragraph shall be 95 per centum above the applicable family size income levels in the income poverty guidelines pre­scribed by the Secretary, and any child who is a member of a household, if that household has an annual income which falls between (A) the applicable family size income level of the income guidelines for free lunches prescribed by the State educational agency and (B) 95 per centum above the applicable family size income levels in the income poverty guidelines prescribed by the Secretary, shall be served a reduced price lunch at a price not to exceed 20 cents.".

Computation. (c) Effective January 1, 1976, paragraph (1) of subsection (b) is Effective date. revised to read as follows:

" (b) (1) No later than June 1 of each fiscal year, the Secretary shall issue revised income poverty guidelines for use during the subsequent 12-montli period from July through June. Such revisions shall be made by multiplying the income poverty guideline currently in effect by the change in the Consumer Price Index for the 12-month period ending in April of such fiscal year: Provided^ That such revision for use from July 1976 through June 1977 shall be made by multiplying the income poverty guideline currently in effect by the change between the average 1974 Consumer Price Index and the Consumer Price Index for April 1976. Any child who is a member of a household which has an annual income not above the applicable family-size income level set forth in the income poverty guidelines prescribed by the Sec-

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PUBLIC LAW 94-105—OCT. 7, 1975 89 STAT. 513

retary shall be served a free lunch. Following the announcement by the Secretary of the income poverty guidelines for each 12-month period, each State educational agency shall prescribe the income guide­lines, by family size, to be used by schools in the State during such 12-month period in making determinations of those eligible for a free lunch as prescribed in this section. The income guidelines for free lunches to be prescribed by each State educational agency shall not be less than the applicable family-size income levels in the income poverty guidelines prescribed by the Secretary and shall not be more than 25 per centum above such family-size income levels. Each fiscal year, each State educational agency shall also prescribe income guide­lines, by family size, to be used by schools in the State during the 12-month period from July through June in making determinations of those children eligible for a lunch at a reduced price, not to exceed 20 cents. Such income guidelines for reduced-price lunches shall be prescribed at 95 per centum above the applicable family size income levels in the income poverty guidelines prescribed by the Secretary. Any child who is a member of a household, if that household has an annual income which falls between (A) the applicable family size income level of the income guidelines for free lunches prescribed by the State educational agency and (B) 95 per centum above the applicable family size income levels in the income poverty guidelines prescribed by the Secretary, shall be served a reduced price lunch at a price not to exceed 20 cents. Local school authorities shall publicly announce such income guidelines on or about the opening of school each fiscal year, and shall make determinations with respect to the annual incomes of any household solely on the basis of a statement executed in such form as the Secretary may prescribe by an adult member of such house­hold : Provided, That such local school authorities may for cause seek verification of the data in such application. No physical segregation of or other discrimination against any child eligible for a free lunch or a reduced priae lunch shall be made by the school nor shall there be any overt identification of any child by special tokens or tickets, announced or published lists of names, or by other means. For purposes of this subsection, 'Consumer Price Index' means the Consumer Price Index published each month by the Bureau of Labor Statistics of the Department of Labor.".

(d) Subsection (b) is further amended by adding at the end thereof the following new paragraph (2) :

"(2) Any child who has a parent or guardian who (A) is respon­sible for the principal support of such child and (B) is unemployed shall be served a free or reduced price lunch, respectively, during any period (i) in which such child's parent or guardian continues to be unemployed and (ii) the income of the child's parents or guardians during such period of unemployment falls within the income eligibil­ity criteria for free lunches or reduced price lunches, respectively, based on the current rate of income of such parents or guardians. Local school authorities shall publicly announce that such children are eligi­ble for a free or reduced price lunch, and shall make determinations with respect to the status of any parent or guardian of any child under clauses (A) and (B) of the preceding sentence solely on the basis of a statement executed in such form as the Secretary may prescribe by such parent or guardian. No physical segregation of, or other discrimination against, any child eligible for a free or reduced price lunch under this paragraph shall be made by the school nor shall there be any overt identification of any such child by special tokens or

Public announcement;.

Overt identification, prohibition.

"Consumer Price Index."

Parents or guardians, unemployment.

Public announcement.

Overt identification, prohibition.

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89 STAT. 514 PUBLIC LAW 94-105—OCT. 7, 1975

tickets, announced or published lists of names, or by any other means.", (e) Subsection (c) is amended by striking out "nonprofit private

schools" and inserting in lieu thereof "schools (as defined in section 12(d) (6) of this Act which are private and nonprofit as defined in the last sentence of section 12 (d) (6) of this Act)".

NONPROFIT PRIVATE SCHOOLS

42 use 1759. SEC. 7. Section 10 of the National School Lunch Act is amended to read as follows:

u DISBURSEMENT TO SCHOOLS BY THE SECRETARY

"SEC. 10. If, in any State, the State educational agency is not per­mitted by law to disburse the funds paid to it under this Act to any of the schools in the State, or is not permitted by law to match Federal funds made available for use by such schools, the Secretary shall dis­burse the funds directly to such schools within the State for the same purposes and subject to the same conditions as are authorized or required with respect to the disbursements to schools within the State by the State educational agency, including the requirement that any such payment or payments shall be matched, in the proportion speci­fied in section 7 for such State, by funds from sources within the State expended by such schools within the State participating in the school lunch program under this Act. Such funds shall not be con­sidered a part of the funds constituting the matching funds under the terms of section 7.".

SUBMISSION OF STATE NUTRITION PLAN

42 use 1759a. SEC. 8. Section 11 of the National School Lunch Act is amended— (a) By striking out in paragraph (1) of subsection (e) "Not later

than January 1 of each year" and inserting in lieu thereof the follow­ing : "Each year by not later than a date specified hj the Secretary".

(b) By striking out in paragraph (1) of subsection (e) the word "fiscal" and inserting in lieu thereof the following: "school".

MISCELLANEOUS PROVISIONS AND DEFINITIONS

42 use 1760. SEC. 9. (a) Section 12(d) of the National School Lunch Act is amended by striking out paragraph (3) and by redesignating para­graphs (4) through (7) as paragraphs (3) through (6), respectively,

(b) Section 12(d) (1) of the National School Lunch Act is amended by striking out "or American Samoa" and inserting in lieu thereof "American Samoa, or the Trust Territory of the Pacific Islands".

"School." (c) Section 12(d) (6) of the National School Lunch Act (as redesig­nated by subsection (a) of this section) is amended to read as follows:

(^) 'School' means (A) any public or nonprofit private school of high school grade or under, (B) any public or licensed non­profit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded), and (C) with respect to the Commonwealth of Puerto Rico, non­profit child care centers certified as such by the Governor of Puerto Rico. For purposes of clauses (A) and (B) of this para­graph, the term 'nonprofit', when applied to any such private school or institution, means any such school or institution which

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PUBLIC LAW 94-105—OCT. 7, 1975 89 STAT. 515

is exempt from tax under section 501(c)(3) of the Internal Revenue Code of 1954.".

(d) Section 12 of the National School Lunch Act is amended by adding at the end thereof the following new subsection (e) :

"(e) The value of assistance to children under this Act shall not be considered to be income or resources for any purposes under any Federal or State laws, including laws relating to taxation and wel­fare and public assistance programs.".

26 use 501. 42 use 1760.

42 use 1771 note.

COMM)0DITr DISTRIBUTION PROGRAM

SEC. 10. Section 14 of the National School Lunch Act is amended 42 USe 1762a. by inserting " ( a ) " immediately after the section designation, by striking out "June 30, 1975" and inserting in lieu thereof "Septem­ber 30, 1977", and by adding at the end thereof the following new subsection:

"(b) Among the products to be included in the food donations to the school lunch program shall be cereal and shortening and oil products.".

FEDERAL EXPENDITURES

SEC. 11. Section 6 of the National School Lunch Act is amended— 42 USe 1755., (a) By adding at the end of subsection (a) the following new sen­

tence: "In making purchases of such agricultural commodities and other foods, the Secretary shall not issue specifications which restrict participation of local producers unless such specifications will result in significant advantages to the food service programs authorized by this Act and the Child Nutrition Act of 1966.".

(b) By adding at the end of subsection (e) the following new sentence: "Notwithstanding any other provision of this section, not less than 75 per centum of the assistance provided under this subsec­tion (e) shall be in the form of donated foods for the school lunch program.".

ELECTION TO RECEIVE CASH PAYMENTS

SEC. 12. The National School Lunch Act is amended by adding at the end thereof the following new section:

"SEC. 16. (a) Notwithstanding any other provision of law, where 42 USe 1765. a State phased out its commodity distribution facilities prior to June 30, 1974, such State may, for purposes of the programs author­ized by this Act and the Child Nutrition Act of 1966, elect to receive cash payments in lieu of donated foods. Where such an election is made, the Secretary shall make cash payments to such State in an amount equivalent in value to the donated foods that the State would otherwise have received if it had retained its commodity distribution facilities. The amount of cash payments in the case of lunches shall be governed by section 6 (e) of this Act.

"(b) When such payments are made, the State educational agency shall promptly and equitably disburse any cash it receives in lieu of commodities to eligible schools and institutions, and such disburse­ments shall be used by such schools and institutions to purchase United States agricultural commodities and other foods for their food service programs.".

SUMMER FOOD PROGRAM

SEC. 13. Effective October 1,1975, section 13 of the National School Effective date. Lunch Act is amended to read as follows: 42 USC 1761.

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89 STAT. 516 PUBLIC LAW 94-105—OCT. 7, 1975

a

Appropriation authorization.

"Service institutions.'

42 use 1771 note.

"Poor economic conditions."

42 use 1751 note.

'State.'

Rate adjustment.

SUMMER FOOD SERVICE PROGRAM FOR CHILDREN

"SEC. 13. (a) (1) There is hereby authorized to be appropriated such sums as are necessary for the fiscal year ending June 30, 1976, for the period July 1, 1976, through September 30, 1976, and for the fiscal year ending September 30, 1977, to enable the Secretary to for­mulate and carry out a program to assist States through grants-in-aid and other means, to initiate, maintain, and expand nonprofit food service programs for children in service institutions. For purposes of this section, the term 'service institutions' means nonresidential public or private, nonprofit institutions, and residential public or private nonprofit summer camps that develop special summer programs pro­viding food service similar to that available to children under the school lunch program under this Act or the school breakfast program under the Child Nutrition Act of 1966 during the school year. To the maximum extent feasible, consistent with the purposes of this section, special summer programs shall utilize the existing food service facili­ties of public and nonprofit private schools. Any eligible service insti­tution shall receive the summer food program upon its request.

"(2) Service institutions eligible to participate under the program authorized under this section shall be limited to those which conduct a regularly scheduled program for"children from areas in which poor economic conditions exist, for any period during the months of May through September, at site locations where organized recreation activi­ties or food services are provided for children in attendance.

"(3) For the purposes of this section, 'poor economic conditions' shall mean an area in which at least SSy^ per centum of the children are eligible for free or reduced price school meals under the National School Lunch Act and Child Nutrition Act as shown by information provided from model city target areas, departments of welfare, zoning commissions, census tracts, by the number of free and reduced price lunches or breakfasts served to children attending schools located in the area of summer food sites, or from other applicable sources. 'State' shall mean any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

"(b) Disbursement to service institutions shall equal the full cost of food service operations, except that such financial assistance to any such institution shall not exceed (1) 75.5 cents for all costs excepting administrative costs for each lunch and supper served, (2) 6 cents for administrative costs for each lunch and supper served, (3) 42 cents for all costs except administrative costs for each breakfast served, (4) 3 cents for administrative costs for each breakfast served, (5) 19.75 cents for all costs except administrative costs for each meal supplement served, and (6) 1.6 cents for administrative costs for each meal supplement served: Provided, That the above amounts shall be adjusted each March 1 to the nearest one-fourth cent in accordance with changes for the year ending January 31 in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. The initial such adjustment shall reflect the change in the series for food away from home during the period January 31, 1975, to January 31, 1976. The cost of food service operations shall include the cost of obtaining, preparing, and serving food and related administrative costs. No serv­ice institution shall be prohibited from serving breakfasts, suppers, and meal supplements as well as lunches unless the service period of different meals coincides or overlaps.

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PUBLIC LAW 94-105—OCT. 7, 1975 89 STAT. 517

"(c) Disbursements shall be made to service institutions only for meals served during the months of May through September, except that the foregoing provision shall not apply to institutions which develop food service programs for children on school vacation at any time under a continuous school calendar or prevent such insti­tutions, if otherwise eligible, from participating in the program authorized by this section.

"(d) No later than June 1, July 1, and August 1 of each year, the Secretary shall forward to each State an advance payment for meals to be served in that month pursuant to subsection (b), which amount shall be no less than (1) the total payment made to such State for meals served pursuant to subsection (b) for the same calendar month of the preceding calendar year or (2) 65 per centum of the amount estimated by the State, on the basis of approved applications, to be needed to reimburse service institutions for meals to be served pur­suant to subsection (b) in that month, whichever is the greater. The Secretary shall forward any remaining payment due pursuant to subsection (b) no later than 60 days following receipt of valid claims. Any funds advanced to a State for which valid claims have not been established within 180 days shall be deducted from the next appro­priate monthly advance payment unless the claimant requests a hear­ing with the Secretary prior to the 180th day. Institutions operating programs during nonsummer vacations during a continuous school year calendar shall receive advance payments not later than the first day of each month involved.

"(e) Service institutions to which funds are disbursed under this section shall serve meals consisting of a combination of foods and meeting minimum nutritional standards prescribed by the Secretary on the oasis of tested nutritional research. Such meals shall be served without cost to children attending service institutions approved for operation under this section.

"(f) The Secretary shall publish proposed regulations relating to the implementation of the summer food program by January 1 of each fiscal year, and shall publish final regulations, guidelines, appli­cations, and handbooks by March 1 of each fiscal year. In order to improve program planning, the Secretary is authorized to provide that service institutions receive as startup costs not to exceed 10 per centum of the Federal funds provided such service institutions for meals served pursuant to this section during the preceding summer. Any such startup costs shall be subtracted from payments subsequently made to service institutions for meals served pursuant to subsection (b) of this section.

"(g) Each participating service institution shall, insofar as prac­ticable, utilize in its program foods designated from time to time by the Secretary as being in abundance, either nationally or in the insti­tution area, or foods donated by the Secretary. Irrespective of the amount of funds appropriated under this section, foods available under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), or purchased under section 32 of the Act of August 24, 1935 (7 U.S.C 612c), or section 709 of the Food and Agriculture Act of 1965 (7 U.S.C. 1446a-l), shall be donated by the Secretary to service institutions in accordance with the needs as determined by authorities of these insti­tutions for utilization in their feeding programs.

"(h) If in any State the State educational agency is not permitted by law or is otherwise unable to disburse the funds paid to it under this section to any service institution in the State, the Secretary shall disburse the funds directly to service institutions in the State for the

Advance payments.

Regulations, publication.

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89 STAT. 518 PUBLIC LAW 94-105—OCT. 7, 1975

Appropriation authorization.

Recordkeeping.

same purpose and subject to the same conditions as are required of a State educational agency disbursing funds made available under this section.

"(i) Expenditures of funds from State and local sources for the maintenance of food programs for children shall not be diminished as a result of funds received under this section.

"(j) There is hereby authorized to be appropriated such sums as may be necessary for the Secretary's administrative expenses under this section.

"(k) The Secretary shall pay to each State for administrative costs incurred pursuant to this section an amount equal to 2 per centum of the funds distributed to that State pursuant to subsection (b) : Provided, That no State shall receive less than $10,000 each fiscal year for its administrative costs unless the funds distributed to that State pursuant to subsection (b) total less than $50,000 for such fiscal year.

" (1) Nothing in this section shall be construed as precluding a serv­ice institution from contracting on a competitive basis for the furnish­ing of meals or administration of the program, or both.

"(m) States, State educational agencies, and service institutions participating in programs under this section: shall keep such accounts and records as may be necessary to enable the Secretary to determine whether there has been compliance with this section and the regula­tions hereunder. Such accounts and records shall at all times be avail­able for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of 5 years, as the Secretary determines is necessary.".

Effective date. 42 u s e 1786.

Cash grants.

SPECIAL SUPPLEMENTAL, FOOD PROGRAM

SEC. 14. Effective beginning with the fiscal year ending June 30, 1976, section 17 of the Child Nutrition Act of 1966 is revised to read as follows:

u SPECIAL SUPPLEMENTAL FOOD PROGRAM

"SEC. 17. (a) The Congress finds that substantial numbers of preg­nant women, infants, and young children are at special risk in respect to their physical and mental health by reason of poor or inadequate nutrition or health care, or both. I t is, therefore, the purpose of the program authorized by this section to provide supplemental nutri-tijous food as an adjunct to good health care during such critical times of growth and development in order to prevent the occurrence of health problems.

"(b)(1) During the fiscal year ending June 30, 1976, the period July 1, 1976, through September 30, 1976, the fiscal year ending Sep­tember 30, 1977, and the fiscal year ending September 30, 1978, the Secretary shall make cash grants to the health department or compa­rable agency of each State, Indian tribe, band or group recognized by the Department of the Interior; or the Indian Health Service of the Department of Health, Education, and Welfare for the purpose of providing funds to local health or welfare agencies or private non­profit agencies of such State; Indian tribe, band, or group reco^ized by the Department of the Interior; or the Indian Health Service of the Department of Health, Education, and Welfare, serving local health or welfare needs to enable such agencies to carry out health and nutrition programs under which supplemental foods will be made available to pregnant or lactating women and to infants determined by competent professionals to be nutritional risks because of inade-

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PUBLIC LAW 94-105—OCT. 7, 1975 89 STAT. 519

Appropriation authorization.

Administrative costs.

quate nutrition and inadequate income, in order to improve their health status. The program authorized by this section shall be carried out supplementary to the food stamp and food distribution program and operate side by side with existing supplemental food programs.

"(2) Any eligible local health or welfare agency or private non­profit agency that applies to operate such a supplemental food program immediately shall be provided with the necessary funds to carry out the program. The requirements set forth herein shall not be construed to permit the Secretary to reduce ratably the amount of foods that an eligible health or welfare agency shall distribute under the program to pregnant or lactating mothers and infants.

"(c) In order to carry out such program during each fiscal year during the period ending September 30, 1977, there is authorized to be appropriated the sum of $250,000,000, but in the event that such sum has not been appropriated for such purpose by the beginning of each fiscal year, the Secretary shall use $250,000,000, or, if any amount has been appropriated for such program, the difference, if any, between the amount directly appropriated for such purpose and $250,000,000, out of funds appropriated by section 32 of the Act of August 24,1935 (7 U.S.C. 612c). Any funds expended from such section 32 to carry Reimbursement out the provisions of this section shall be reimbursed out of any sup­plemental appropriation hereafter enacted for the purpose of carry­ing out the provisions of such subsection, and such reimbursements shall be deposited into the fund established pursuant to such section 32, to be available for the purpose of such section. In order to carry out the program during the fiscal year ending September 30, 1978, there is authorized to be appropriated not to exceed $250,000,000.

"(d) Whenever any program is carried out by the Secretary under authority of this section through any State or local or nonprofit agency, he is authorized to pay administrative costs not to exceed 20 per centum of the program funds provided to each State under the authority of this section. Each health department or comparable agency of each State, Indian tribe, band, or group recognized by the Depart­ment of the Interior; or the Indian Health Service of the Department of Health, Education, and Welfare receiving funds from the Sec­retary under this section shall, by January 1 of each year (by Decem­ber 1 in the case of fiscal year 1976), for approval by the Secre­tary as a prerequisite to receipt of funds under this section, submit a description of the manner in which administrative funds shall be spent, including, but not limited to, a description of the manner in which nutrition education services will be provided. The Secretary shall take affirmative action to insure that programs begin in areas most in need of special supplemental food. During the first 3 months of any pro­gram, or until the program reaches its projected caseload level, which­ever comes first, the Secretary shall pay those administrative costs necessary to commence the program successfully.

"(e) The eligibility of persons to participate in the program pro­vided for under this section shall be determined by competent pro­fessional authority. Participants shall be residents of areas or members of populations served by clinics or other health facilities determined to have significant numbers of infants and pregnant and lactating women at nutritional risk.

"(f) State or local agencies or groups carrying out any programs under this section shall maintain adequate medical records on the participants assisted to enable the Secretary to determine and evaluate the benefits of the nutritional assistance provided under this section. The Secretary shall convene an advisory committee made up of rep- Advisory

committee.

Participants.

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89 STAT. 520 PUBLIC LAW 94-105—OCT. 7, 1975

Report and recommendations, submittal to Congress.

Definitions.

resentatives from the Maternal and Child Health Division of the Department of Health, Education, and Welfare, the Center for Disease Control, the Association of State and Territorial Public Health Nutri­tion Directors, the American Academy of Pediatrics, the National Academy of Science—National Eesearch Council, the American Die­tetic Association, the American Public Health Association, the Public Health Service, and others as the Secretary deems appropriate. The committee shall study the methods available to evaluate successfully and economically, in part or in total, the health benefits of the special supplemental food program. The committee's study shall consider the usefulness of the medical data collected and the methodology used by the Department of Agriculture and the Comptroller General of the United States prior to March 30, 1975. The study shall also include the applicability to an evaluation of the special supplemental food program of other Federal and State health, welfare, and nutrition assessment and surveillance projects currently being conducted. The purpose of the advisory committee shall be to determine and recom­mend in detail how, using accepted scientific methods, the health bene­fits of the special supplemental food program may best be evaluated and assessed. The advisory committee shall report its study to the Secretary no later than March 1, 1976. The Secretary shall submit to Congress his recommendations based on such study no later than June 1, 1976.

"(g) As used in this section— "(1) 'Pregnant and lactating women' when used in connection with

the term 'at nutritional risk' includes women from low-income popula­tions who demonstrate one or more of the following characteristics: known inadequate nutritional patterns, unacceptably high incidence of anemia, high prematurity rates, or inadequate patterns of growth (underweight, obesity, or stunting). Such term (when used in con­nection with the term 'at nutritional risk') also includes low-income individuals who have a history of high-risk pregnancy as evidenced by abortion, premature birth, or severe anemia. Such lactating women shall include women who are breast feeding an infant from birth up to one year of age and also all women for a period of six months post partum.

" (2) 'Infants' when used in connection with the term 'at nutritional risk' means children under 5 years of age who are in low-income popu­lations which have shown a deficient pattern of growth, by minimally acceptable standards, as reflected by an excess number of children in the lower percentiles of height and weight. Such term, when used in connection with 'at nutritional risk', may also include children under 5 years of age who (A) are in the parameter of nutritional anemia, or (B) are from low-income populations where nutritional studies have shown inadequate infant diets.

"(3) 'Supplemental foods' shall mean those foods containing nutri­ents known to be lacking in the diets of populations at nutritional risk and, in particular, those foods and food products containing high-quality protein, iron, calcium, vitamin A, and vitamin C. Such term may also include (at the discretion of the Secretary) any commercially formulated preparation specifically designed for women or infants. The contents of the food package shall be made available in such a manner as to provide flexibility, taking into account medical and nutritional objectives and cultural eating patterns.

"(4) 'Competent professional authority' includes physicians, nutri­tionists, registered nurses, dietitians, or State or local medically

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PUBLIC LAW 94-105—OCT. 7, 1975 89 STAT. 521

trained health officials, or persons designated by physicians or State or local medically trained health officials as being competent profession­ally to evaluate nutritional risk.

"(5) 'Administrative costs' include costs for referral, operation, monitoring, nutrition education, general administration, startup, clinic, and administration of the State office.

"(h) (1) There is hereby established a council to be known as the National Advisory Council on Maternal, Infant, and Fetal Nutrition (hereinafter in this section referred to as the 'Council') which shall be composed of 15 members appointed by the Secretary. One member shall be a State director of the special supplemental food program, 1 member shall be a State fiscal director for the special supplemental food program (or the equivalent thereof), 1 member shall be a State health ojfficer (or equivalent thereof), 1 member shall be a project director of a special supplemental food program in an urban area, 1 member shall be a project director of a special supplemental food program in a rural area, 1 member shall be a State public health nutrition director (or equivalent thereof), 2 members shall be parent recipients of the special supplemental food program, 1 member shall be a pediatrician, 1 member shall be an obstetrician, 1 member shall be a person involved at the retail sales level of food in the special supple­mental food program, 2 members shall be officers or employees of the Department of Health, Education, and Welfare, specially qualified to serve on the Council because of their education, training, experi­ence, and knowledge in matters relating to maternal, infant, and fetal nutrition, and 2 members shall be officers or employees of the Depart­ment of Agriculture, specially qualified because of their education, training, experience, and knowledge in matters relating to maternal, infant, and fetal nutrition.

"(2) The 11 members of the Council appointed from outside the Department of Agriculture and the Department of Health, Education, and Welfare shall be appointed for terms of 3 years, except that the 9 members first appointed to the Council shall be appointed as follows: Three members shall be appointed for terms of 3 years, 3 members shall be appointed for terms of 2 years, and 3 members shall be appointed for terms of 1 year. Thereafter all appointments shall be for a term of 3 years, except that a person appointed to fill an unexpired term shall serve only for the remainder of such term. Members appointed from the Department of Agriculture and the Department of Health, Edu­cation, and Welfare, shall serve at the pleasure of the Secretary.

"(3) The Secretary shall designate one of the members to serve as Chairman and one to serve as Vice Chairman of the Council.

"(4) The Council shall meet at the call of the Chairman but shall meet at least once a year.

" (5) Eight members shall constitute a quorum and a vacancy on the Council shall not affect its powers.

"(6) It shall be the function of the Council to make a continuing study of the operation of the special supplemental food program and any related Act under which diet supplementation is provided to women, infants, and children, with a view to determining how such programs may be improved. The Council shall submit to the President and the Congress annually a written report of the results of its study together with such recommendations for administrative and legisla­tive changes as it deems appropriate.

"(7) The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions under this Act.

National Advisory Council on Maternal, Infant, and F'etal Nutrition. Establishment. Membership.

Terms.

Chairman.

Meetings.

Quorum.

Function.

Report to the President and Congress.

Technical assistance.

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89 STAT. 522 PUBLIC LAW 94-105—OCT. 7, 1975

Travel expenses. "(8) Members of the Council shall serve without compensation but shall receive reimbursement for necessary travel and subsistence expenses incurred by them in the performance of the duties of the Council.".

AMENDMENTS PERTAINING TO T H E COMMONWEALTH OF PUERTO RICO, T H E VIRGIN ISLANDS, AMERICAN SAMOA, AND THE TRUST TERRITORY OF T H E PACIFIC ISLANDS

42 use 1772. SEC. 15. Section 3 of the Child Nutrition Act of 1966 is amended— (1) By inserting immediately after "Guam," in the second sentence

thereof the following: "the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands,".

(2) By adding at the end thereof the following new sentence: "Not­withstanding any other provision of this section, in no event shall the minimum rate of reimbursement exceed the cost to the school or institution of milk served to children.".

42 use 1773. (b) Section 4(b) (1) of the Child Nutrition Act of 1966 is amended by striking out "and American Samoa," in both places where such term occurs and inserting in lieu thereof "American Samoa, and the Trust Territory of the Pacific Islands,".

42 use 1784. (c) Section 15(a) of the Child Nutrition Act of 1966 is amended by striking out "or American Samoa" and inserting in lieu thereof "American Samoa, or the Trust Territory of the Pacific Islands".

CHILD CARE FOOD PROGRAM

SEC. 16. The National School Lunch Act is amended by adding at the end thereof the following new section:

" C H I L D C A R E F O O D PROGRAM

"SEC. 17. (a)(1) There is hereby authorized to be appropriated such sums as are necessarv for the fiscal year ending June 30, 1976, the period July 1, 1976, through September 30, 1976, the fiscal year ending September 30, 1977, and the fiscal year ending September 30, 1978, to enable the Secretary to formulate and carry out a program to assist States through grants-in-aid and other means to initiate, main­tain, or expand nonprofit food service programs for children in institutions providing child care.

"Institution." "(2) For purposes of this section, the term 'institution' means any public or private nonprofit organization where children are not main­tained in permanent residence including, but not limited to, day care centers, settlement houses, recreation centers, family day care pro­grams, Head Start centers, Homestart programs, and institutions pro­viding day care services for handicapped children. No institution shall be eligible to participate in this program unless it has either local, State, or Federal licensing or approval as a child care institution, or can satisfy the Secretary that its standards are no less comprehensive than the Federal interagency day care requirements as approved by the Department of Health, Education, and Welfare, the Office of Economic Opportunity, and the Department of Labor on Septem­ber 23, 1968. An institution may be approved for funding under this section only if, under conditions established by the Secretary, such institution is moving toward compliance with the requirements for tax exempt status under section 501(c)(3) of the Internal Revenue

26 use 501. Code of 1954, or is currently operating a federally funded program

Appropriation authorization. 42 use 1766.

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PUBLIC LAW 94-105—OCT. 7, 1975 89 STAT. 523

Payments, computation.

42 use 1773.

42 use 1753.

42 use 1759a.

requiring nonprofit status. For purposes of this section, the term "State.' * State' means any of the 50 States, the District of Columbia, the Com­monwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. Any eligible institution shall receive the child care food program upon its request.

"(b) For each fiscal year beginning with the fiscal year ending June 30, 1976, the Secretary shall make child care food payments no less frequently than on a monthly basis to each State educational agency in an amount no less than the sum of the products obtained by multiplying (A) the number of breakfasts served in child care food programs within that State by the national average payment rate for breakfasts under section 4 of the Child Nutrition Act of 1966, (B) the number of breakfasts served in child care food programs within that State to children from families whose incomes meet the eligibility criteria for free school meals by the national average payment rate for free breakfasts under section 4 of the Child Nutrition Act of 1966, (C) the number of breakfasts served in child care food programs with­in that State to children from families whose incomes meet the eligi­bility criteria for reduced price school meals by the national average payment rate for reduced price school breakfasts under section 4 of the Child Nutrition Act of 1966, (D) the number of lunches and sup­pers served in child care food programs within that State by the national average payment rate for lunches under section 4 of the National School Lunch Act, (E) the number of lunches and suppers served in child care food programs within that State to children from families whose incomes meet the eligibility criteria for free school meals by the national average payment rate for free school lunches under section 11 of the National School Lunch Act, (F) the number of lunches and suppers served in child care food programs in that State to children whose families meet the eligibility criteria for reduced price school meals by the national average payment factor for reduced price lunches under section 11 of the National School Lunch Act, (G) the number of snacks served in child care food programs in that State by 5 cents, (H) the number of snacks served in child care food pro­grams in that State to children from families whose incomes meet the eligibility criteria for free school meals by 15 cents, and (I) the num­ber of snacks served in child care food programs in that State to chil­dren from families whose incomes meet the eligibility criteria for reduced price school meals by 10 cents. The rates established pursuant Rate adjustment, to clauses (G), (H) , and (I) shall be adjusted semiannually to the nearest one-fourth cent by the Secretary to reflect the changes in the series for food away from home of the Consumer Price Index pub­lished by the Bureau of Labor Statistics of the Department of Labor. The initial such adjustment shall become effective January 1, 1976, and shall reflect changes in the series for food away from home during the period June through November 1975. Reimbursement for meals provided under this section shall not be dependent upon the collec­tion of moneys from participating children.

"(c) Meals served by institutions participating in the program under this section shall consist of a combination of foods and shall meet minimum nutritional requirements prescribed by the Secretary on the basis of tested nutritional research. Such meals shall be served free to needy children. No physical segregation or other discrimination against any child shall be made because of his inability to pay, nor shall there be any overt identification of any such child by special tokens or tickets, announced or published lists of names, or other

Overt identification, prohibition.

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89 STAT. 524 PUBLIC LAW 94-105—OCT. 7, 1975

Commodities, donation.

42 use 1755.

Appropriation authorization.

Recordkeeping.

Apportionment of funds.

means. No institution shall be prohibited from serving a breakfast, lunch, dinner, and snack to each eligible child each day.

"(d) Funds paid to any State under this section shall be disbursed by the State educational agency to institutions approved for partici­pation on a nondiscriminatory basis to reimburse such institutions for their costs in connection with food service operations, including labor and administrative expenses. All valid claims from such institutions shall be paid within 30 days.

"(e) Irrespective of the amount of funds appropriated under this section, foods available under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) or purchased under section 32 of the Act of August 24,1935 (7 U.S.C. 612c), or section 709 of the Food and Agri­culture Act of 1965 (7 U.S.C. 1446a-l), shall be donated by the Secre­tary of Agriculture to institutions participating in the child care food program m accordance with the needs as determined by authorities of these institutions for utilization in their feeding programs. The amount of such commodities (or, upon the application of a State edu­cational agency, cash in lieu of commodities in such amounts as may be provided in appropriations Acts) donated to each State for each fiscal year shall be, at a minimum, the amount obtained by multiplying the number of lunches and suppers served in participating institutions during that fiscal year by the rate for commodities and cash in lieu thereof established for that fiscal year in accordance with the provi­sions of section 6(e) of the National School Lunch Act.

"(f) If in any State the State educational agency is not permitted by law or is otherwise unable to disburse the funds paid to it under this section to any institution in the State, the Secretary shall disburse the funds so withheld directly to institutions in the State for the same purpose and subject to the same conditions as are required of a State educational agency disbursing funds made available under this section.

"(g) Expenditures of funds from State and local sources for the maintenance of food programs for children shall not be diminished as a result of funds received under this section.

"(h) There is hereby authorized to be appropriated for any fiscal year such sums as may be necessary for the Secretary's administrative expenses under this section.

"(i) States, State educational agencies, and institutions participat­ing in programs under this section shall keep such accounts and records as may be necessary to enable the Secretary to determine whether there has been compliance with this section and the regulations here­under. Such accounts and records shall at all times be available for inspection and audit by representatives of the Secretary and shall be preserved for such period of time, not in excess of 5 years, as the Secretary determines is necessary.

"(j) (1) Of the sums appropriated for any fiscal year pursuant to the authorization contained in this section, $3,000,000 shall be avail­able to the Secretary for the purposes of providing, during each such fiscal year, nonfood assistance for the child care food program. The Secretary shall apportion among the States during each fiscal year the aforesaid sum of $3,000,000: Provided^ That such an apportionment shall be made according to the ratio among the States of the number of children below age 6 who are members of households which have an annual income not above 125 per centum of the applicable family-size income level set forth in the income poverty guideline prescribed by the Secretary under section 9(b) of this Act.

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PUBLIC LAW 94-105—OCT. 7, 1975 89 STAT. 525

"(2) If any State cannot utilize all of the funds apportioned to it under the provisions of this section, the Secretary shall make further apportionments to the remaining States. Payments to any State of funds apportioned under the provisions of this subsection for any fiscal year shall be made upon condition that at least one-fourth of the cost of equipment financed under this section shall be borne by funds from sources within the State, except that such condition shall not apply with respect to funds used under this section to assist institu­tions determined by the State to be especially needy.

"(k) The regulations issued by the Secretary to carry out this sec­tion shall be issued and become effective not later than 90 days after the date of enactment of the National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975. During the period prior to the effective date of the regulations, the Secretary is authorized to conduct a food service program in the same manner and under the same conditions and limitations as the special food service program for children was conducted under section 13 of the National School Lunch Act during the fiscal year ending June 30, 1975. Notwithstanding the foregoing, the child care food payment rates provided in subsection (b) of this section and the provisions of subsection (e) of this section shall become effective on the date of enactment of the National School Lunch Act and Child Nutrition Act of 1966 Amendments of 1975.".

Regulations, effective date.

42 use 1761. Effective date.

CONFORMING AMENDMENTS

SEC. 17. (a) Section 4(f) of the Child Nutrition Act of 1966 is amended by striking out "nonprofit private schools" in the second sentence and inserting in lieu thereof "schools (as defined in section 15(c) of this Act which are private and nonprofit as defined in the last sentence of section 15 (c) of this Act)".

(b) Section 15 of the Child Nutrition Act of 1966 is amended by striking out paragraph (c), by redesignating paragraphs (d) and (e) as (c) and (d), respectively, and by amending paragraph (c) (as redesignated by this subsection) to read as follows:

"(c) 'School' means (A) any public or nonprofit private school of high school grade or under, including kindergarten and preschool programs operated by such school, (B) any public or licensed non­profit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded), and (C) with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico. For purposes of clauses (A) and (B) of this subsection, the term 'nonprofit', when applied to any such private school or institution, means any such school or institution which is exempt from tax under section 501 (c) (3) of the Internal Revenue Code of 1954.".

42 use 1773.

42 use 1784.

'School."

"Nonprofit."

26 use 501.

NONFOOD ASSISTANCE PROGRAM

SEC. 18. Section 5 of the Child Nutrition Act of 1966 is amended— 42 USe 1774. (a) By changing the period at the end of subsection (b) to a

comma and adding the following: "except that such conditions shall not apply with respect to funds used under this section to assist schools if such schools are especially needy, as determined by the State.".

(b) Effective beginning with the fiscal year ending June 30, 1976, Effective date, by changing subsection (e) to read as follows:

"(e) For the fiscal year ending June 30, 1976, the period July 1, 1976, through September 30, 1976, and the fiscal year ending Septem-

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89 STAT. 526 PUBLIC LAW 94-105—OCT. 7, 1975

Apportionment of funds.

ber 30, 1977, 33i^ per centum of the funds appropriated for the pur­poses of this section shall be reserved to the Secretary to assist schools without a food service program and schools without the facilities to prepare or receive hot meals. For the fiscal year ending June 30,1976, the Secretary shall apportion the funds so reserved among the States on the basis of the ratio of the number of children in each State enrolled in schools without a food service program to the number of children in all States enrolled in schools without a food service pro­gram. After the fiscal year ending June 30, 1976, the Secretary shall apportion the funds so reserved among the States on the basis of the ratio of the number of children in each State enrolled in schools with­out a food service program and in schools without the facilities to pre­pare or receive hot meals to the number of children in all States enrolled in schools without a food service program and in schools without the facilities to prepare or receive hot meals. In those States in which the Secretary administers the nonfood assistance program in nonprofit private schools, the Secretary shall, for the fiscal year ending June 30,1976, withhold from the funds apportioned to any such State under this subsection an amount which bears the same ratio to such funds as the number of children enrolled in nonprofit private schools without a food service program in such State bears to the total number of children enrolled in all schools without a food service program in such State. In those States in which the Secretary administers the nonfood assistance program in nonprofit private schools, the Secretary shall, after the fiscal year ending June 30, 1976, withhold from the funds apportioned to any such State under this subsection an amount which bears the same ratio to such funds as the number of children enrolled in nonprofit private schools without a food service program or without the facilities to prepare or receive hot meals in such State bears to the total number of children enrolled in all schools without a food service program or without the facilities to prepare or receive hot meals in such State. The funds so reserved, apportioned, and withheld shall be used by State educational agencies, or the Secretary in the case of nonprofit private schools, only to assist schools without a food service program and schools without the facilities to prepare or receive hot meals. If any State cannot so utilize all the funds apportioned to it under the provisions of this subsection, the Secretary shall make fur­ther apportionments to the remaining States for use only in assisting schools without a food service program and schools without the facili­ties to prepare or receive hot meals: Provided, That if after such further apportionments any funds reserved under this subsection remain unused, the Secretary shall immediately apportion such funds among the States in accordance with the provisions of subsection (b) of this section to assist schools with a food service program and with the facilities to prepare or receive hot meals. Payment to any State of the funds provided to it under the provisions of this subsection shall be made upon the condition that at least one-fourth of the cost of the equipment financed shall be borne by funds from sources within the State, except that such condition shall not apply with respect to funds used under this subsection to assist schools which are especially needy, as determined by the State."

NUTRITION STUDY

SEC. 19. The National School Lunch Act is amended by adding at the end thereof the following new section:

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42 u s e 1771 note.

"NUTRITION PROGRAM STAFF STUDY

"SEC. 18. The Secretary is authorized to carry out a study to deter- 42 USC 1767 mine how States are utilizing Federal funds provided to them for the administration of the child nutrition programs authorized by this Act and the Child Nutrition Act of 1966, and to determine the level of funds needed by the States for administrative purposes. The study shall report on the current size and structure of State staffs, job descriptions and classifications, training provided to such staff, repre­sentation of minorities on staffs, and the allocation of staff time, train­ing time, and Federal administrative dollars spent among each of the various child nutrition programs. The study shall assess State needs for additional staff positions, training, and funds, for each of the above areas, including additional State needs to implement adequately the provisions of this Act and the Child Nutrition Act of 1966. The study shall also determine State staffing needs and training program support required to conduct effective outreach for the purpose of reach­ing the maximum number of eligible children in the summer food service program and the child care food program. As part of this study, the Secretary shall also examine the degree and cause of plate waste in the school lunch program. The Secretary shall examine possible relationships between plate waste and (1) lack of adequate menu devel­opment, (2) the service of competitive foods, and (3) the nature of the type A lunch pattern. The Secretary shall review the study design with the appropriate congressional committees prior to its implementa­tion, and shall report his findings together with any recommendations he may have with respect to additional legislation, to the Congress no later than March 1, 1976.".

Report to Congress. Legislative recommendations.

SPECIAL APPROPRIATION

SEC. 20. The National School Lunch Act is amended by adding at the end thereof the following new section:

u APPROPRIATIONS FOR THE TRUST TERRITORY OF THE PACIFIC ISLANDS

"SEC. 19. There is hereby authorized to be appropriated (a) for each of the fiscal years beginning July 1, 1975, and October 1, 1976, the sum of $500,000 and (b) for the period July 1, 1976, through September 30, 1976, the sum of $125,000, to enable the Secretary to assist the Trust Territory of the Pacific Islands to carry out various developmental and experimental projects relating to programs author­ized under this Act and the Child Nutrition Act of 1966 to (1) estab­lish or improve the organizational, administrative, and operational structures and systems at the State and local school levels; (2) develop and conduct necessary training programs for school food service per­sonnel; (3) conduct a thorough study of the children's food and dietary habits upon which special meal and nutritional requirements can be developed; and (4) establish and maintain viable school food services which are fully responsive to the needs of the children, and which are consistent with the range of child nutrition programs avail­able to the other States, to the maximum extent possible.".

Appropriation authorization. 42 USC 1768.

STUDY OF COST ACCOUNTING REQUIREMENTS

SEC. 21. (a) The Secretary shall not delay or withhold, or cause any State to delay or withhold, payments for reimbursement of per-meal costs with respect to school food service programs authorized

42 USC 176() note.

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89 STAT. 528 PUBLIC LAW 94-105—OCT. 7, 1975

42 use 1751 pursuant to the National School Lunch Act and Child Nutrition Act 4.9*1'isr 1771 ^^ 19QQ on the basis of noncompliance with full cost accounting pro-

cedures unless and until the requirements of subsection (b) of this section are met.

Study. (b) The Secretary shall study the additional personnel and training Report to needs of States, local school districts, and schools resulting from the Congress. imposition of a requirement to implement full cost accounting pro­

cedures under the National School Lunch Act and Child Nutrition Act of 1966, and, on the basis of the results of such study, shall within one year after the date of enactment of this Act, submit a report and make such legislative recommendations as he deems necessary to the appropriate committees of the Congress.

TECHNICAL AMENDMENT

Repeal. SEC. 22. The National School Lunch Act is amended by striking out the following:

42 use 1764. "SEC. 15. (a) In addition to funds appropriated or otherwise avail­able, the Secretary is authorized to use, during the fiscal year ending June 30, 1971, not to exceed $35,000,000 in funds from Section 32 of the Act of August 24,1935 (7 U.S.C. 612c), to carry out the provisions of this Act, and during the fiscal year ending June 30, 1972, not to exceed $100,000,000 in funds from such Section 32 to carry out the provisions of this Act relating to the service of free and reduced-price meals to needy children in schools and service institutions.

"(b) Any funds unexpended under this section at the end of the fiscal year ending June 30, 1971, or at the end of the fiscal year ending June 30, 1972, shall remain available to the Secretary in accordance with the last sentence of section 3 of this Act, as amended.".

CASH GRANTS FOR NUTRITION EDUCATION

SEC. 23. The Child Nutrition Act of 1966 is amended by adding at the end thereof the following new section:

42 use 1787. "SEC. 18. (a) The Secretary is hereby authorized and directed to make cash grants to State educational agencies for the purpose of conducting experimental or demonstration projects to teach school­children the nutritional value of foods and the relationship of nutri­tion to human health.

Appropriation "(b) In order to carry out the program, provided for in subsection authorization. (a) of this section, there is hereby authorized to be appropriated not

to exceed $1,000,000 annually. The Secretary shall withhold not less than 1 per centum of any funds appropriated under this section and shall expend these funds to carry out research and development proj­ects relevant to the purpose of this section, particularly to develop

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PUBLIC LAW 94-105—OCT. 7, 1975 89 STAT. 529

materials and techniques for the innovative presentation of nutritional information.".

TECHNICAL AMENDMENT

SEC. 24. Section 3 of the National School Lunch Act is amended by 42 USC 1752. striking out "section 13" and inserting in lieu thereof "sections 13, 17 and 19".

CARL ALBERT Speaker of the House of Representatwes.

DALE BUMPERS Acting President of the Senate pro tempore.

IN THE HOUSE OF REPRESENTATIVES, U.S.,

October 7, 1975.

The House of Representatives having proceeded to reconsider the bill (H.R. 4222) entitled "An Act to amend the National School Lunch Act and the Child Nutrition Act of 1966 in order to extend and revise the special food service program for children and the school breakfast program, and for other purposes related to strengthening the school lunch and child nutrition programs", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was

Resolved, That the said bill pass, two-thirds of the House of Represen­tatives agreeing to pass the same.

Attest: W. PAT JENNINGS

Clerk.

By Benjamin J. Guthrie Assistant to the Clerk.

I certify that this Act originated in the House of representatives.

W. PAT JENNINGS

Clerk.

By Benjamin J. Guthrie Assistant to the Clerk.

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89 STAT. 530 PUBLIC LAW 94-105—OCT. 7, 1975

IN THE SENATE OF THE UNITED STATES,

October 7 (legislative day, September 11), 1975.

The Senate having proceeded to reconsider the bill (H.R. 4222) entitled "An Act to amend the National School Lunch Act and the Child Nutrition Act of 1966 in order to extend and revise the special food service program for children and the school breakfast program, and for other purposes related to strengthening the school lunch and child nutrition programs", returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was

Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative.

Attest:

FRANCIS R. VALEO Secretary.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94-68 (Comm. on Education and Labor) and Nos. 94-427 and 94-474 (Comm. of Conference).

SENATE REPORTS: No. 94-259 (Comm. on Agriculture and Forestry) and Nos. 94-347 and 94-379 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 121 (1975): Mar. 24, 25, Apr. 28, considered and passed House. July 10, considered and passed Senate, amended. Sept. 18, House agreed to conference report. Sept. 19, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 40: Oct. 3, vetoed; Presidential message.

CONGRESSIONAL RECORD, Vol. 121 (1975): Oct. 7, House and Senate overrode veto.